HomeMy WebLinkAbout20100887.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1719
APPLICANT: Mary Ann Plonka
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (RV, boat, and construction equipment
storage) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3193; located in Part of the SW4 of Section 2, Ti N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 52 and approximately Y=mile west of CR 35
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
• applicable code provisions or ordinance in effect.
22-2-20.G A.Policy 7.2. states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be compatible with the region."
22-2-100 E. C.Goal 5. States:"Minimize the incompatibilities that occur between commercial
uses and surrounding properties."
22-2-100 C.Policy 5.2. states: "Support the use of visual and sound barrier landscaping to
screen open storage areas from residential uses or public roads."
Conditions of approval and development standards such as requiring a Landscaping and
Screening Plan and a Lighting Plan will help to ensure compliance with the policies of the
Weld County Comprehensive Plan.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts,
(RV, Boat and Construction Equipment storage) in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties to the north, south, west and east are
predominately agricultural and rural residential parcels. The Development Standards and
Conditions of Approval will ensure compatibility with adjacent properties and the character of
the area. One parcel zoned commercial and one parcel zoned industrial (containing a batch
plant facility) are located approximately % mile to the west of this site. The property
immediately to the north (across State Highway 52) has been annexed to the City of Fort
Lupton. A Landscape and Screening plan along with a lighting plan are required to address
the visual impacts of this use and to ensure compatibility with the existing, surroundin• land
uses. EXHIBIT
2010-0887 1 E'
Y.' -tit
Resolution USR-1719
Mary Ann Plonka
Page 2
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property lies outside the urban growth area as defined in the
Coordinated Planning Agreement between the City of Fort Lupton and Weld County(adopted
by Weld County and codified under Chapter 19, Section XII of the Weld County Code)but is
located within the three-mile referral area of the City of Fort Lupton.
Section 19-12-50.6 of the Weld County Code(Fort Lupton Plan)states:"To the extent legally
possible, the County will disapprove proposals for Urban Development in areas of the
Municipal Referral Area outside the Urban Growth Area. In reviewing proposals for Non-
Urban Development in such areas,the Counrty will apply its Comprehensive Plan and zoning
and subdivision ordinances and, where appropriate, the RUA Plan."
Section 19-12-40 of the Weld County Code (Fort Lupton Plan)defines Urban Development
as: "Development which is characterized by development density typical to urbanized areas
and requires support services such as central water and sewer systems,road networks, park
and recreation facilities and programs, storm drainage and other similar services which are
typically furnished by the municipality."
The proposed use will not be connected to central water and sewer systems and lacks
• other elements consistent with the definition of urban development which would warrant a
recommendation of denial for this proposal based on non-compliance with the
coordinated planning agreement.
The City of Fort Lupton, in their referral dated November 4, 2009, states that the proposed
use falls in the majority of the City of Fort Lupton's future employment area. Uses in the
employment area are generally defined as areas that will serve as important job centers
(business parks, large scale retail and other complementary uses). The referral also
states that employment area uses must be adequately buffered from less intense uses
and comply with the City of Fort Lupton Design Standards and requests that the proposed
storage area be screened and buffered from State Highway 52 and adjoining residential
and agricultural uses.
Conditions of approval have been attached requiring the applicant to attempt to address
the conditions of approval for the City of Fort Lupton and submit a Landscape/Screening
plan for review and approval by the Department of Planning Services should this
application be approved.
E. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County
Code. The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
Resolution USR-1719
Mary Ann Plonka
Page 3
F. Section 23-2-220.A.6—The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The subject site is
designated as"Other" by the 1979 USDA Soil Conservation Services map.
G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1719. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
• 3) The approved Landscape/Screening Plan. The applicant shall delineate a plant
list to coincide with the Landscape Plan. The list shall include how the plants will
be maintained and irrigated. (Department of Planning Services)
4) Edge of right-of-way for State Highway 52 (75-feet from centerline) shall be
delineated on the plat. (Department of Public Works)
5) The access from State Highway 52 must be paved from the access point to the
office location. The internal parking areas and travel lanes may be gravel
constructed to County Standards (3/4" to 1" minimum aggregate). Please correct
the site plan to show the paved and gravel areas. (Department of Public Works)
6) Each paved parking space shall be equipped with wheel guards or curb stops
where needed to prevent vehicles from extending beyond the boundaries of the
space and from coming into contact with other vehicles, walls, fences, or
plantings. (Department of Public Works)
7) This facility shall adhere to the number of on-site parking spaces indicated in
Appendix 23-B of the Weld County Code. The total number of on-site parking for
this facility shall be at least two (2) spaces, of which one (1) shall be a van
accessible handicapped parking stall meeting all of the requirements as set forth
in the Americans with Disabilities Act. (Department of Planning Services and
Public Works)
8) The applicant shall address and adhere to the American with Disabilities Act and
ADA standards for this facility. Non-ambulatory/ambulatory parking spaces shall
• be identified and shown on the plat for the office. This site will be required to
• Resolution USR-1719
Mary Ann Plonka
Page 4
meet all requirements of the Americans with Disabilities Act. At least one space
must be van accessible. (Department of Planning Services)
9) The applicant has proposed a sign. The approved sign dimensions shall be
indicated on the plat. (Department of Planning Services)
10) The applicant shall delineate the trash collection areas. Section 23-3-350.H of
the Weld County Code addresses the issue of trash collection areas. Areas used
for storage or trash collection shall be screened from adjacent public
rights-of-way and adjacent properties. These areas shall be designed and used
in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
11) The applicant shall delineate all onsite lighting. Section 23-3-360.F of the Weld
County Code, addressing the issue of on-site lighting, including security lighting if
applicable, states"any lighting ... shall be designed, located and operated in such
a manner as to meet the following standards: sources of light shall be shielded so
that beams or rays of light will not shine directly onto adjacent properties...."
(Department of Planning Services)
12) All structures shall be meet the setback and offset requirements of Section 23-3-
50.8 and 23-3-50.C of the Weld County Code. (Department of Planning
Services)
13) The reference to "FUTURE PHASES" indicated on the plot plan shall be
removed. (Department of Planning Services)
14) The fence shall be delineated a minimum of 75 feet from the centerline of State
Highway 52" as requested by CDOT. (Department of Planning Services)
B. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required onsite
improvements. The agreement and form of collateral shall be reviewed by County Staff
and accepted by the Board of County Commissioners prior to recording the USR plat. The
improvements agreement will not be needed if the necessary improvements are done to
the satisfaction of the Department of Public Works and the Department of Planning
Services. (Department of Planning Services)
C. The applicant shall submit a dust abatement plan, on site dust, for review and approval, to
the Environmental Health Services, Weld County Department of Public Health &
Environment. (Department of Public Health & Environment)
D. In the event the applicant intends to utilize the existing septic system for all or any of the
following: addition of 4 employees, 52 storage spaces and an office/apartment, the septic
system shall be reviewed by a Colorado Registered Professional Engineer. The review
shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health
and Environment. In the event the system is found to be inadequately sized or
• constructed the system shall be brought into compliance with current Regulations.
(Department of Public Health & Environment)
• Resolution USR-1719
Mary Ann Plonka
Page 5
E. Alternately to item D above, the applicant shall install an individual sewage disposal
system at the office/apartment and the system shall be installed according to the Weld
County Individual Sewage Disposal Regulations. The system shall be sized for all or any
of the following: addition of 4 employees, 52 storage spaces and an office/apartment.
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
F. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
G The applicant shall address the requirements (concerns) of the Weld County Department
of Public Works as stated in their referral response dated 10/16/2009. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Weld
County Department of Public Works)
H. The applicant shall submit a Landscape and Screening Plan for review and approval by
the Department of Planning Services. The plan shall address screening from all sides of
the property (the vehicle, RV, equipment storage areas shall be screened by an opaque
fence). (Department of Planning Services)
The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. Prior to Grading and/or Construction:
A. A stormwater discharge permit may be required for a development/construction site
where a contiguous or non-contiguous land disturbance is greater than or equal to one
acre in area. Contact the Water Quality Control Division of the Colorado Department of
Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information. (Department of Public Health and Environment)
•
• Resolution USR-1719
Mary Ann Plonka
Page 6
4. Prior to issuance of Building Permits:
A. Any building plans shall be submitted to the Fort Lupton Fire Protection District for
approval. (Fire Protection District)
B. A separate building permit shall be obtained prior to the construction of any building.
(Department of Building Inspection)
C. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Commercial building plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. Residential building plans may be required to bear the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
D. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code,
2006 International Energy Conservation Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
• E. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
F. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Zoning Ordinance. (Department of Building Inspection)
G. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. When measuring buildings to determine offset and setback requirements,
buildings are measured to the farthest projection from the building. Property lines shall be
clearly identified and all property pins shall be staked prior to the first site inspection.
(Department of Building Inspection)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerter(c.co.weld.co.us (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
• Clerk and Recorder. (Department of Planning Services)
• Resolution USR-1719
Mary Ann Plonka
Page 7
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution was signed a $50.00 recording continuance charge may be added for
each additional 3 month period. (Department of Planning Services)
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
• case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 6, 2010
Dated the 6`h of April,' l 20110.•Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mary Ann Plonka
USR-1719
1. A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (RV,
Boat and Construction Equipment Storage) along with a One (1) Mobile Home when Used as living
quarters for caretakers or security personnel responsible for maintaining or guarding the property(a
modular/mobile home to be used as an office and as a residence for employees) in the A
(Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
• 6. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan" at all times. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. Any vehicle washing area(s)shall capture all effluent and prevent discharges in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Department of Public Health and Environment)
10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
11. Sewage disposal shall be by septic system. Any septic system located on the property must comply
with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems.
(Department of Public Health and Environment)
12. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.The facility
shall utilize the existing private water supply. (Permit#66600-F). (Department of Public Health and
Environment)
13. Adequate drinking, handwashing and toilet facilities shall be provided for patrons of the facility, at all
times.
Resolution USR-1719
Mary Ann Plonks
• Page 9
14. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited to specific uses, i.e.domestic use
only,etc.Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time.
15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and Weld County Code. (Department of Public Health and Environment)
16. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
17. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
18. The Landscaping/Screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
19. Business shall be conducted during the hours of daylight. This restriction shall not apply to operation
of the office located on the property. (Department of Planning Services)
• 20. The number of employees for the business shall be limited to four (4) persons as stated in the
application. (Department of Planning Services)
21. The proposed modular residence/apartment shall be utilized by the employees and/or owners of the
facility. It shall not be utilized as an outside rental. (Department of Planning Services)
22. All vehicles located on the property must be operational and with current license plates and tags.
(Department of Planning Services)
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
24. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services)
25. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review.A geotechnical engineering report preformed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
26. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Commercial building plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. Residential
building plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
•
(Department of Building Inspection)
Resolution USR-1719
• Mary Ann Plonka
Page 10
27. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code,2006 International Energy Conservation Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
28. Each building will require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
29. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined
by the Zoning Ordinance. (Department of Building Inspection)
30. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
31. Any building plans shall be submitted to the Fort Lupton Fire Protection District for approval.
(Department of Building Inspection)
• 32. On-site lighting, including security lighting shall maintain compliance with Section 23-3-250.D of the
Weld County Code:
A. Sources of light shall be shielded so that light rays will not shine directly onto ADJACENT
properties where such would cause a nuisance or interfere with the USE on the ADJACENT
properties; and
B. Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be
confused with or construed as traffic control devices. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
35. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
36. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
37. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
-ac io
• that the applicants have been excellent neighbors. Mr. Harper said that fencing the semi and trailers are not
necessary in his opinion.
Robert Grand moved to delete Condition of Approval 1.F, Condition of Approval 3 and Development Standard
17, seconded by Bill Hall. Motion carried.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicants replied that they are in
agreement.
Jason Maxey moved that Case USR-1724 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,absent; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes with comment;AlexanderZauder,yes;
Jason Maxey, yes with comment; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried
unanimously.
Commissioner Hall commented that after reviewing the pictures of the area as well as the comments from the
surrounding neighbors he believes that the removal of the screening requirement is justified in this case.
Commissioner Maxey commented that the applicant's appear to keep their property very well maintained and
wished to commend them for doing so.
Tom Holton recused himself from this case.
Mark Lawley read the next case into record.
• CASE NUMBER: USR-1719
APPLICANT: Mary Ann Plonka
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (RV, boat, and construction equipment
storage) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3193; located in Part of the SW4 of Section 2, Ti N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 52 and approximately 1/2 mile west of CR 35
Chris Gathman, Planning Services, commented that this application is for RV, boat and construction
equipment storage. The applicants are also proposing to have a mobile or modular home for an office as an
accessory unit but it will also serve as a dwelling for employees on the site.
The surrounding properties to the north, south,west and east are predominately agricultural in rural residential
parcels. Development standards and conditions of approval will ensure compatibility with the adjacent
properties and the character of the area. There is one parcel zoned commercial and another parcel zoned
industrial that contains a batch plant facility approximately 34 miles to the west of this site. The property
immediately to the north across State Highway 52 has been annexed to the City of Ft. Lupton.
A Landscape and Screening Plan along with a Lighting Plan are required to address the visual impacts of this
use and to deal with compatibility with the existing and surrounding land uses in the area.
Eleven referrals were sent out; eight (8) referrals were received and either indicated no conflicts with their
interests or recommended conditions that have been attached as conditions of approval and/or development
standards.
• This site is located within the three mile referral area of the City of Ft. Lupton; however it is outside of the
EX=
• Intergovernmental Agreement(IGA) area.
Per Section 19-12-50.B of the Weld County Code regarding the Intergovernmental Agreement between Weld
County and Ft. Lupton states "To the extent legally possible the County will disapprove proposals for urban
development in areas of the municipal referral area outside the Urban Growth Area. In reviewing proposals for
Non-Urban Development in such areas, the County will apply its Comprehensive Plan and zoning and
subdivision ordinances and, where appropriate the RUA Plan."
Additionally, Section 19-12-40 states "Urban Development which is characterized by development density
typical to urbanized areas and requires support services such as central water and sewer systems, road
networks, park and recreation facilities and programs, storm drainage and other similar services which are
typically furnished by the Municipality."
In reviewing this use, staff determined that this proposed use will not be connected to central water and sewer
systems and lacks other elements consistent with the definition of urban development which would warrant a
recommendation of denial for this proposal based on noncompliance with the coordinated planning
agreement.
The City of Ft. Lupton did provide a referral on this case dated November 4, 2009 which states that the
proposed use falls within the majority of the City of Ft. Lupton's future employment area. Uses in the
employment area are generally defined as areas that will serve as important job centers, business parks, large
scale retail and other complimentary uses. The referral also states that the employment area uses must be
adequately buffered from less intense uses and comply with the City of Ft. Lupton design standards and
requests that the proposed storage area be screened and buffered by State Highway 52 and adjoining
residential and agricultural uses.
Conditions of approval have been attached requiring the applicant to attempt to address the conditions of
• approval for the City of Ft. Lupton and also submit a landscape/screening plan for review and approval by the
Department of Planning Services should this application be approved.
Three letters and two phone calls from surrounding property owners have been received in regard to this case.
The first letter received in November 2009 indicated several objections concerning the reduction of property
values, lack of water to support the project, pollution from runoff and emissions, lack of demonstration of need
for this particular type of use, compatibility, and that the property to the north is higher in elevation so there is
no way to screen this use from the neighboring property, and traffic safety.
The second letter of objection argues that the proposed use that is in the Tier 1 area defined in the Ft. Lupton
Comprehensive Plan is not compatible with nor an allowed use. Additionally, this letter also mentions the
higher elevation of the northern property and the difficulty of screening the use from this property.
An additional letter was received yesterday and was handed out to the Planning Commission which indicates
the concern for traffic safety and the inability to effectively screen the use from the property to the north.
It should be noted that the applicant has an approved access permit from the Colorado Department of
Transportation (CDOT). Additionally,the applicant has a well permitted for commercial livestock and domestic
animal watering and irrigation not to exceed 7.8 acre feet annually. The Division of Water Resources
indicated no objections to this use provided that the well is still operated under the parameters of their
approved well permit.
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Lauren Light, Environmental Health, commented that the applicant has a commercial well permit. There is an
existing septic system sized for six (6) people. It was evaluated in 2008 by an engineer and the engineer
• indicated that if the septic system was upgraded then it would be appropriate for the storage sites. The Board
of Health approved it. The applicant will have an option of either having this existing septic system evaluated
or have a new septic system installed. There is no RV wash site or dump station. Dust abatement and waste
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handling plans are required.
•
Heidi Hansen, Public Works, commented that the access is from State Highway 52; therefore COOT has
jurisdiction over the access. It is an existing shared access with the neighbors; therefore staff is asking for
paving up to the office building because of the larger vehicles that will be coming into the site. The rest of the
parking area will be gravel or recycled asphalt. A water quality feature is required on the far south part of the
property. The site is not located in a FEMA floodplain.
Mary Ann Plonka, 16230 Hwy 52, commented that Lynette Mount, her daughter, is here to assist her. She
added that she lives on approximately 29 acres of dryland. Ms. Plonka stated that this property is in between
Highway 85 and 1-76 and therefore felt that this would be a good site for an RV storage area. There are a
couple of businesses to the west of them and also another business located to the east of them approximately
5 miles.
Ms. Mount added that they just received some more information about where people can dump their waste.
With regard to dust control they have talked to A&W and Envirotech about controlling the dust in that area and
both have said that magnesium chloride or water can be applied.
Commission Maxey asked the applicants to explain more of what the construction storage will consist of. Ms.
Mount said that they are expecting 4 wheel drive trucks, trailers, bobcats and other smaller type equipment.
She added that there will be restrictions placed on the size.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Thomas Oldenburg, 8201 South Park Lane, Littleton CO, commented that he is speaking on behalf of the
neighbor to the north who has been annexed into the City of Ft. Lupton. This property is a PUD and is zoned
for several hundred single family units.
• Mr. Oldenburg referred to the City of Ft. Lupton's Comprehensive Plan and the site plan which was submitted
by the applicant. Regarding Ft. Lupton's Comprehensive Plan, this plan shows two different types of
employment. Tier 1 Employment Area allows up to I-1 zoning and I-1 does not allow outside storage. Tier 2
Employment Area does allow outside storage.
Mr. Oldenburg noted that the applicants mentioned buffering along Highway 52 and he referred to the site plan
where it indicates the fence up directly to the existing right-of-way. The plan shows an additional 50 foot of
right-of-way needed and when you take that away you are right at the asphalt of where to park the RVs so
there is really no buffer shown on the plan.
This property is along Highway 52 east of Ft. Lupton which is the gateway entrance to Ft. Lupton. Mr.
Oldenburg expressed concern with having outdoor storage to the gateway entrance.
Mr. Oldenburg said that there needs to be more work on the plan and offered some suggestions.
Commissioner Maxey asked how many lots will potentially be in the subdivision. Mr. Oldenburg said that there
are 137 acres and zoning allows for half of the lots to be 6,000 square foot lots and the remainder to be 8,000
square foot lots. Mr. Maxey asked if it will be covenant controlled. Mr. Oldenburg believed that it would be.
Mr. Maxey commented that since this subdivision might restrict these outdoor items this use might make
sense to accommodate that growth. Mr. Oldenburg said that it is possible but doesn't believe that this is a
good place along Highway 52 for outside storage.
Mayvis Brown, 16317 Hwy 52, stated that she is part owner of the north property. She said that the entrance
to the proposed storage is in the middle of two hills and added that she had an accident there. Ms. Brown
expressed her concern with the big vehicles going into the entrance because it makes it very dangerous.
• Commissioner Ehrlich asked what Ft. Lupton allows in its I-1 zoning. Mr. Gathman said that schools, public
recreation, banks, office buildings, medical & dental clinic, restaurants, retail businesses, services, gas
stations, public utility facilities, building supply yards, auto/truck trailer and farm equipment sales services&
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• repairs, etc. are allowed.
Mr. Gathman recommended adding Condition of Approval 1.A.14 to read "The fence shall be delineated a
minimum of 75 feet from the centerline of State Highway 52" as requested by CDOT.
Roy Spitzer moved to add Condition of Approval 1.A.14 as stated by staff,seconded by Robert Grand. Motion
carried.
Ms. Mount referred to the comments regarding the entrance aesthetics. She is a graphic designer and agrees
that some of the businesses along Highway 52 are not appealing. Ms. Mount expressed that they are more
than happy to work with the City of Ft. Lupton in regard to fencing and landscaping.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicants replied that they are in
agreement.
Robert Grand moved that Case USR-1719 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, absent; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall, yes;Alexander Zauder, yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Ehrlich cited Section 23-2-220.A.4.
Meeting adjourned at 3:17 p.m.
• Respectfully submitted,
e l ul &M
Kristine Ranslem
Secretary
•
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